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LEVIS v. HANMOND

No. 49740.

100 N.W.2d 638 (1960)

Howard H. LEVIS, Appellant, v. E. J. HAMMOND, Clara Hammond, and E. J. Hammond, Executor of Estate of Dave Flum, Deceased, Appellees.

Supreme Court of Iowa.

Rehearing Denied March 11, 1960.

Attorney(s) appearing for the Case

A. V. Hass, Chariton, for appellant.

Johnston & Miles, Corydon, for appellees.

GARFIELD, Justice.

This is a suit in equity by Howard H. Levis for specific performance of an alleged oral agreement between Dave Flum and his predeceased wife Maud to make mutual wills in which plaintiff, a nephew of Maud, was to be beneficiary, subject to the life estate of the surviving maker. Following trial to the court, relief was denied and plaintiff has appealed. One ground of the trial court's decision is that it would be inequitable to award specific performance...

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